Monday, September 19, 2016

Via Clancco, news of a co-authorship claim in Spain by a former studio assistant of the artist Antonio de Felipe. I don't know what the story is in Spain, but the problem with this sort of claim under U.S. law is that co-authorship requires that the parties intended to be recognized as co-authors, and that's obviously not the case in most artist-studio assistant situations.

Thursday, September 08, 2016

Peter Doig talks to The Globe and Mail about his recent trial: "It took up so much time and energy not to mention, of course, money."

He believes the "larger take-away" from the case is that "a living artist should be the first and last authenticator."

But what about the possibility that an artist might be mistaken, or dishonest?

"'Sometimes, of course, there may be an agenda' – a disputatious ex-lover, 'someone the artist had bad dealings with – and they may say, "I didn’t make that work." But that is so, so rare, I think.' Most people, Doig said, would 'just take it on the chin and say, "Yeah, I did do it."'"

Marie Dooley says the case "demonstrates that authentication, even by the living artist himself, can prove to be a costly endeavor for all parties involved." Exactly.

"The DA said that between 2010 and 2016, Shvo falsely told auction houses that purchases he made would be shipped to an out-of-state address in the Cayman Islands or other foreign countries, thus avoiding sales tax. Instead, they went to his offices and homes in New York state.... Two moving companies, Hedley’s Inc and Bestguy Moving, are also charged with participating in the scheme.They allegedly provided the auction houses and galleries with improper shipping documentation to conceal the delivery destinations. Shvo is even alleged to have fraudulently used New York Resale Certificates, which allow art dealers to purchase items exclusively for resale without paying tax."

Wednesday, September 07, 2016

The Art Newspaper: "[T]he Paris Criminal Court convicted 38 of 49 defendants in a high-profile trial that opened in March over a complicated web of thefts within the [UCHV], the former art handlers’ union of the Hôtel Drouot in Paris. The group ... held a monopoly on art handling at the auction house from 1860 until 2010." Background here.

"There are many reasons that copyright law does not and should not deem Naruto to be an 'author,' ranging from the purely practical (e.g., How do we know the monkey’s name is 'Naruto,' and that he was the one that snapped the photo? What if no human had been there to see him do so — is there still a copyright, and does he own it? Insofar as copyright in a work endures for the life of the author plus 70 years, who’s keeping track of this wild macaque’s lifespan, and how will we know when it’s over?) to the more abstract: Copyright’s fundamental rationale is that bestowing protection on works is a means of providing 'authors' with an incentive that they otherwise would not have to create those works in the first place; non-humans (and machines, for that matter) can’t be 'authors' because they won’t be and can’t be incentivized by the existence of copyright protection for their works."